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Different Theft Charges

Lawyer

Flynn Broady

Synopsis

Theft Crimes Defined Under Georgia Law

  • Theft involves taking another’s property with the intent to deprive the rightful owner of it permanently.

  • Georgia recognizes several distinct theft-related offenses depending on how the property was obtained.

  • Charges range from misdemeanors to serious felonies, depending on the value of the property and the method used.

  • Theft laws apply to physical property, services, and even digital or financial assets.

Common Types of Theft Charges

  • Theft by Taking: Unlawfully taking property belonging to another with intent to deprive them of it.

  • Theft by Deception: Obtaining property by lying, cheating, or misleading another person.

  • Theft by Conversion: Lawfully receiving property and later converting it for personal use.

  • Theft of Services: Using or receiving services without paying (e.g., utilities, lodging, or professional work).

  • Theft by Shoplifting: Concealing, altering price tags, or taking merchandise with intent to avoid payment.

  • Auto Theft: Stealing or unlawfully taking control of a motor vehicle.

  • Theft by Receiving Stolen Property: Knowingly possessing, selling, or concealing property obtained through theft.

How Theft Charges Are Classified

  • Misdemeanor Theft: Property valued under $1,500; punishable by up to 12 months in jail and fines.

  • Felony Theft: Property valued over $1,500, or theft of firearms, vehicles, or government property; punishable by 1–10 years in prison.

  • Enhanced Penalties: Repeat shoplifting, theft from elderly victims, or theft involving breach of trust may carry mandatory sentencing enhancements.

How Prosecutors Build Theft Cases

  • Evidence includes surveillance footage, receipts, eyewitness testimony, and financial records.

  • Intent is key, prosecutors must prove the defendant intended to permanently deprive the owner of property.

  • Cases often rely on circumstantial evidence, such as behavior during or after the alleged theft.

Common Defenses

  • Lack of intent: The accused did not mean to permanently deprive the owner of the property.

  • Mistaken identity: Wrong person accused or misidentified in surveillance footage.

  • Rightful ownership or permission: The property was taken with consent or under a misunderstanding of ownership.

  • Insufficient evidence: Missing proof that the accused committed the act or that the property was stolen.

  • Entrapment: When law enforcement induces someone to commit a theft they otherwise would not have committed.

Why This Matters

  • A theft conviction can impact employment, licensing, and future opportunities, even if the charge was minor.

  • Felony theft charges carry severe prison terms and long-term criminal records.

  • Skilled defense attorneys often negotiate for charge reductions, pretrial diversion, or first-offender treatment to avoid permanent damage.

Applicable Case Law

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